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Risk Disclosure Statement
for Futures, Options, & Forex
This brief statement does not disclose
all of the risks and other significant
aspects of trading in futures, options, & forex.
In light of the risks, you should undertake
such transactions only if you understand
the nature of the contracts (and contractual
relationships) into which you are entering
and the extent of your exposure to risk.
Trading in futures, options, & forex is not
suitable for many members of the public.
You should carefully consider whether
trading is appropriate for you in light
of your experience, objectives, financial
resources and other relevant circumstances.
FUTURES
1. Effect of Leverage
Transactions in futures carry a high degree of risk. The
amount of initial margin is small relative to the value of
the futures contract so that transactions are “leveraged”.”
A relatively small market movement will have a proportionately
larger impact on the funds you have deposited or will have
to deposit: this may work against you as well as for you.
You may sustain a total loss of initial margin funds and any
additional funds deposited with the firm to maintain your
position. If the market moves against your position or margin
levels are increased, you may be called upon to pay substantial
additional funds on short notice to maintain your position.
If you fail to comply with a request for additional funds
within the time prescribed, your position may be liquidated
at a loss and you will be liable for any resulting deficit.
2. Risk-reducing orders or strategies
The placing of certain orders (e.g., "stop-loss"
orders, where permitted under local law, or "stop-limit"
orders) which are intended to limit losses to certain amounts
may not be effective because market conditions may make it
impossible to execute such orders. Strategies using combinations
of positions, such as "spread" and "straddle"
positions, may be as risky as taking simple "long"
or "short" positions.
OPTIONS
3. Variable degree of risk
Transactions in options carry a high degree of risk.
Purchasers and sellers of options should familiarize themselves
with the type of option (i.e., put or call) which they contemplate
trading and the associated risks. You should calculate the
extent to which the value of the options must increase for
your position to become profitable, taking into account the
premium and all transaction costs. The purchaser of options
may offset or exercise the options or allow the options to
expire. The exercise of an option results either in a cash
settlement or in the purchaser acquiring or delivering the
underlying interest. If the option is on a future, the purchaser
will acquire a futures position with associated liabilities
for margin (see the section on Futures above). If the purchased
options expire worthless, you will suffer a total loss of
your investment which will consist of the option premium plus
transaction costs. If you are contemplating purchasing deep-out-of-the-money
options, you should be aware that the chance of such options
becoming profitable ordinarily is remote. Selling ("writing"
or "granting") an option generally entails considerably
greater risk than purchasing options. Although the premium
received by the seller is fixed, the seller may sustain a
loss well in excess of that amount. The seller will be liable
for additional margin to maintain the position if the market
moves unfavorably. The seller will also be exposed to the
risk of the purchaser exercising the option and the seller
will be obligated to either settle the option in cash or to
acquire or deliver the underlying interest. If the option
is on a future, the seller will acquire a position in a future
with associated liabilities for margin (see the section on
Futures above). If the option is "covered" by the
seller holding a corresponding position in the underlying
interest or a future or another option, the risk may be reduced.
If the option is not covered, the risk of loss can be unlimited.
Certain exchanges in some jurisdictions permit deferred payment
of the option premium, exposing the purchaser to liability
for margin payments not exceeding the amount of the premium.
The purchaser is still subject to the risk of losing the premium
and transaction costs. When the option is exercised or expires,
the purchaser is responsible for any unpaid premium outstanding
at that time.
ADDITIONAL RISKS COMMON TO FUTURES
AND OPTIONS
4. Terms and conditions of contracts
You should ask the firm with which you deal about the terms
and conditions of the specific futures or options which you
are trading and associated obligations (e.g., the circumstances
under which you may become obligated to make or take delivery
of the underlying interest of a futures contract and, in respect
of options, expiration dates and restrictions on the time
for exercise). Under certain circumstances the specifications
of outstanding contracts (including the exercise price of
an option) may be modified by the exchange or clearing house
to reflect changes in the underlying interest.
5. Suspension or restriction of trading and pricing relationships
Market conditions (e.g., illiquidity) and/or the operation
of the rules of certain markets (e.g., the suspension of trading
in any contract or contract month because of price limits
or "circuit breakers") may increase the risk of
loss by making it difficult or impossible to effect transactions
or liquidate/offset positions. If you have sold options, this
may increase the risk of loss. Further, normal pricing relationships
between the underlying interest and the future, and the underlying
interest and the option may not exist. This can occur when,
for example, the futures contract underlying the option is
subject to price limits while the option is not. The absence
of an underlying reference price may make it difficult to
judge "fair" value.
6. Deposited cash and property
You should familiarize yourself with the protections accorded
money or other property you deposit for domestic and foreign
transactions, particularly in the event of a firm insolvency
or bankruptcy. The extent to which you may recover your money
or property may be governed by specific legislation or local
rules. In some jurisdictions, property which has been specifically
identifiable as your own will be pro-rated in the same manner
as cash for purposes of distribution in the event of a shortfall.
7. Commission and other charges
Before you begin to trade, you should obtain a clear explanation
of all commission, fees and other charges for which you will
be liable. These charges will affect your net profit (if any)
or increase your loss.
8. Transactions in other jurisdictions
Transactions on markets in other jurisdictions, including
markets formally linked to a domestic market, may expose you
to additional risk. Such markets may be subject to regulation
which may offer different or diminished investor protection.
Before you trade you should enquire about any rules relevant
to your particular transactions. Your local regulatory authority
will be unable to compel the enforcement of the rules of regulatory
authorities or markets in other jurisdictions where your transactions
have been effected. You should ask the firm with which you
deal for details about the types of redress available in both
your home jurisdiction and other relevant jurisdictions before
you start to trade.
9. Currency risks
The profit or loss in transactions in foreign currency-denominated
contracts (whether they are traded in your own or another
jurisdiction) will be affected by fluctuations in currency
rates where there is a need to convert from the currency denomination
of the contract to another currency.
10. Trading facilities
Most open-outcry and electronic trading facilities are supported
by computer-based component systems for the order-routing,
execution, matching, registration or clearing of trades. As
with all facilities and systems, they are vulnerable to temporary
disruption or failure. Your ability to recover certain losses
may be subject to limits on liability imposed by the system
provider, the market, the clearing house and/or member firms.
Such limits may vary; you should ask the firm with which you
deal for details in this respect.
11. Electronic trading
Trading on an electronic trading system may differ not only
from trading in an open-outcry market but also from trading
on other electronic trading systems. If you undertake transactions
on an electronic trading system, you will be exposed to risks
associated with the system including the failure of hardware
and software. The result of any system failure may be that
your order is either not executed according to your instructions
or is not executed at all.
12. Off-exchange transactions
In some jurisdictions, and only then in restricted circumstances,
firms are permitted to effect off-exchange transactions. The
firm with which you deal may be acting as your counterparty
to the transaction. It may be difficult or impossible to liquidate
an existing position, to assess the value, to determine a
fair price or to assess the exposure to risk. For these reasons,
these transactions may involve increased risks. Off-exchange
transactions may be less regulated or subject to a separate
regulatory regime. Before you undertake such transactions,
you should familiarize yourself with applicable rules and
attendant risks.
OFF-EXCHANGE FOREIGN CURRENCY TRANSACTIONS
OFF-EXCHANGE FOREIGN CURRENCY TRANSACTIONS INVOLVE THE
LEVERAGED TRADING OF CONTRACTS DENOMINATED IN FOREIGN CURRENCY
CONDUCTED WITH A FUTURES COMMISSION MERCHANT OR A RETAIL FOREIGN
EXCHANGE DEALER AS YOUR COUNTERPARTY. BECAUSE OF THE LEVERAGE AND
THE OTHER RISKS DISCLOSED HERE, YOU CAN RAPIDLY LOSE ALL OF THE
FUNDS YOU DEPOSIT FOR SUCH TRADING AND YOU MAY LOSE MORE THAN YOU
DEPOSIT. YOU SHOULD BE AWARE OF AND CAREFULLY CONSIDER THE FOLLOWING
POINTS BEFORE DETERMINING WHETHER SUCH TRADING IS APPROPRIATE FOR YOU.
Before you begin to trade, you should obtain a clear explanation
of all commission, fees and other charges for which you will
be liable. These charges will affect your net profit (if any)
or increase your loss.
13. TRADING IS NOT ON A REGULATED MARKET OR EXCHANGE - YOUR DEALER IS YOUR
TRADING PARTNER WHICH IS A DIRECT CONFLICT OF INTEREST. BEFORE YOU ENGAGE
IN ANY RETAIL FOREIGN EXCHANGE TRADING, YOU SHOULD CONFIRM THE
REGISTRATION STATUS OF YOUR COUNTERPARTY.
The off-exchange foreign currency trading you are entering into is not
conducted on an interbank market, nor is it conducted on a futures exchange
subject to regulation as a designated contract market by the Commodity Futures
Trading Commission. The foreign currency trades you transact are trades with
the futures commission merchant or retail foreign exchange dealer as your counterparty,
WHEN YOU SELL, THE DEALER IS THE BUYER. WHEN YOU BUY, THE DEALER IS THE
SELLER. As a result, when you lose money trading, your dealer is making money
on such trades, in addition to any fees, commissions, or spreads the dealer
may charge.
14. AN ELECTRONIC TRADING PLATFORM FOR RETAIL FOREIGN CURRENCY
TRANSACTIONS IS NOT AN EXCHANGE. IT IS AN ELECTRONIC CONNECTION FOR
ACCESSING YOUR DEALER. THE TERMS OF AVAILABILITY OF SUCH A PLATFORM ARE
GOVERNED ONLY BY YOUR CONTRACT WITH YOUR DEALER.
Any trading platform that you may use to enter off-exchange foreign currency
transactions is only connected to your futures commission merchant or retail
foreign exchange dealer. You are accessing that trading platform only to
transact with your dealer. You are not trading with any other entities or
customers of the dealer by accessing such platform. The availability and
operation of any such platform, including the consequences of the unavailability
of the trading platform for any reason, is governed only by the terms of your
account agreement with the dealer.
15. YOUR DEPOSITS WITH THE DEALER HAVE NO REGULATORY PROTECTIONS.
All of your rights associated with your retail forex trading, including
the manner and denomination of any payments made to you, are governed by
the contract terms established in your account agreement with the
futures commissions merchant or retail foreign exchange dealer. Funds
deposited by you with a futures commission merchant or retail foreign
exchange dealer for trading off-exchange foreign currency transactions
are not subject to the customer funds protections provided to customers
trading on a contract market that is designated by the Commodity Futures
Trading Commission. Your dealer may commingle your funds with its own
operating funds or use them for other purposes. In the event your dealer
becomes bankrupt, any funds the dealer is holding for you in addition
to any amounts owed to you resulting from trading, whether or not any
assets are maintained in separate deposit accounts by the dealer, may
be treated as an unsecured creditor's claim.
16. YOU ARE LIMITED TO YOUR DEALER TO OFFSET OR LIQUIDATE ANY TRADING
POSITIONS SINCE THE TRANSACTIONS ARE NOT MADE ON AN EXCHANGE OR MARKET,
AND YOUR DEALER MAY SET ITS OWN PRICES.
Your ability to close your transactions or offset positions is limited
to what your dealer will offer to you, as there is no other market for
these transactions. Your dealer may offer any prices it wishes, and it
may offer prices derived from outside sources or not in its discretion.
Your dealer may establish its prices by offering spreads from third party
prices, but it is under no obligation to do so or to continue to do so.
Your dealer may offer different prices to different customers at any point
in time on its own terms. The terms of your account agreement alone govern
the obligations your dealer has to you to offer prices and offer offset
or liquidating transactions in your account and make any payments to you.
The prices offered by your dealer may or may not reflect prices available
elsewhere at any exchange, interbank, or other market for foreign currency.
17. PAID SOLICITORS MAY HAVE UNDISCLOSED CONFLICTS
The futures commission merchant or retail foreign exchange
dealer may compensate introducing brokers for introducing your
account in ways which are not disclosed to you. Such paid solicitors
are not required to have, and may not have, any special expertise
in trading, and may have conflicts of interest based on the method
by which they are compensated. Solicitors working on behalf of
futures commission merchants and retail foreign exchange dealers are
required to register. You should confirm that they are, in fact
registered. You should thoroughly investigate the manner in which
all such solicitors are compensated and be very cautious in granting
any person or entity authority to trade on your behalf. You should
always consider obtaining dated written confirmation of any information
you are relying on from your dealer or a solicitor in making any
trading or account decisions.
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